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Is my lease contract valid? how do i get money back?

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ShiZam

Junior Member
What is the name of your state (only U.S. law)?
Texas.

i have landlords that are deep in debt. this was unkown to us at the time of the signing.
our landlord promised repairs. these repairs were written on a blank paper separate from the contract. he agreed to do the dozen repair requests but only has done 3 superficial rprs. after 4 mos. my sp and i approached our landlord about his shortcomings and requested a lower lease rent. the shortcomings had something to do with it but really, it was way out of our budget. Yes, we tried to negotiate a lower lease prior to signing but he said he would talk to his wife about it. Of course, he never did and when it came to signing we didn't have much negotiating because we had practically moved into his building and out of the other. Why did i do that, you ask? Because he was so warm and welcoming and assured us things would be alright and he would work with us.

Well, after discussing his shortcomings and put forth our demand to lower the lease we agreed to a lower amount but still over our budget. i told him with respect to his wife, i thought it would be fair that he discussed it with her since she is his partner. the next day, he came in and said she agreed. as a matter of fact, she even suggested if we feel we can't pay the full amount on the first of the month, we can probably pay weekly payments - begining on the 4th week prior to due date. We said we could consider that as an option. (you see, we were late one payment by 10 days but we were very upfront with him from day one and he understood but she would not).

We met the wife one time only and that was during the signing. one day she called our office and spoke with my husband and just terrorized him. she said she is now handling the money and where is her check? where is her money? she is tired of her husband being taken advantage of....he had no idea what she was talking about and she wouldn't hear anything that he had to say. she rattled him. that evening my spouse told me about it when he got home. the next day when i was in the office, i was rushing out when she was walking in. she wanted 2 minutes of my time, i didn't have it but i had an idea what she wanted.

i was respectful towards her. told her i couldn't. she said an appointment is needed. i said that would be best. i also informed her my sp was extremely busy preparing for a show tomorrow and doesn't have the time right now. i left . later learned she verbally assaulted my spouse. would not leave his office. our employees were concerned. my husband walked out of office, she followed him out of office, into kitchen and then bathroom. she didn't know when to stop.

so what caused her actions? well, i later conversed with her on the phone (and it wasn't pleasant) and told me that she had asked her spouse if he had made it very clear to us that the only way we could receive the discounted amount is if we give weekly payments. We were shock to hear this! this was never agreed. it was only suggested.

we know now she wears the pants in the house. he is non confrontational and passive and she is not. There is no way we are taking advantage of him.

what we have learned is that they are deeply in debt. the don't have the funds to do major rprs in our warehouse/office. we had calls from the electric company informing us the electricity will be shutoff due to non payment though it never happened. we had state comptroller visit looking for them. property tax letters come in all the time. we're worried, concerned and our employees feel it is now a hostile envrinment.

we have been submissive to their request and have paid way in advance to keep the peace. We aren't concerned about him, we are worried about her. we've paid last month's rent already. we're still in august, up to date with lease payments and already we have to start paying for October.

i want out but i also want my $3200 for last months rent and refund for my paid month but i feel they will not simply because they will accuse us of breaking the contract. I also know they don't have that money anymore with all their legal issues and debt.

she is a commercial realtor. the spouse is not. he conducted the entire contract and signed it. I since noticed the contract has a clause on its use, if not a member of the realtor's association use of form is prohibited. he is not a member.

what should i do? how do i get my money back?
 


MIRAKALES

Senior Member
(The post should be abridged for better response.)
This is a commercial lease agreement which requires WRITTEN and signed agreement by all parties to terminate. The agreed upon annual rent must be PAID IN FULL until the end of term in order to terminate the lease without penalty. The verbal agreements (whether with spouse/husband or spouse/wife/realtor) are irrelevant to the ORIGINAL written lease agreement. The lease agreement has been violated due to late payments, rent shortages, etc. The rent shortages essentially amount to non-payment of rent -- and are certain grounds for eviction. Despite the agreements made with the spouse/husband who is amenable to tenant’s financial considerations, the lease agreement is in violation. Tenant is not being “submissive to their request.”

Tenant is required to SUBMIT TO THE TERMS OF THE LEASE AGREEMENT. Tenant is required to make full monthly rent payments in accordance with the lease agreement. Tenant is making discounted monthly rent payments in accordance with a verbal arrangement. According to the law, the lease agreement is still in violation. Tenant seems to want to manage a commercial lease agreement in the same manner that residential tenants manage their personal living arrangements -- BAD BUSINESS.
(Unlike residential lease agreements, LL can demand payment and perform or execute immediate LOCKOUT with commercial leases.)
 

Alaska landlord

Senior Member
i want out but i also want my $3200 for last months rent and refund for my paid month but i feel they will not simply because they will accuse us of breaking the contract. I also know they don't have that money anymore with all their legal issues and debt.

she is a commercial realtor. the spouse is not. he conducted the entire contract and signed it. I since noticed the contract has a clause on its use, if not a member of the realtor's association use of form is prohibited. he is not a member.

what should i do? how do i get my money back?
You don't, but you can improve your relationship with your landlord by paying your rent on time.
 

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